PAPER B3

Purpose: For Decision

Committee: LICENSING PANEL

Date: 11 OCTOBER 2002

Title: APPLICATION FOR THE GRANT OF A PUBLIC ENTERTAINMENT LICENCE FOR FLANAGAN’S, 7 PIER STREET, SANDOWN

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION AND COUNTY TREASURER

SUMMARY/PURPOSE

To consider an application for the grant of a Public Entertainment Licence for Flanagan’s, 7 Pier Street, Sandown.

BACKGROUND

1. An application has been received from Jonathan Michael Platt for the grant of a Public Entertainment Licence in respect of Flanagan’s, 7 Pier Street, Sandown.

2. Times requested by the applicant are set out below:

Monday – Saturday: 1030 hours – 2300 hours

Sunday: 1200 hours – 2230 hours.

3. The Licensing Justices have granted a Liquor Licence for the hours as set out below:

Monday – Saturday: 1030 hours – 2300 hours

Sunday: 1200 hours – 2230 hours.

OUTCOME OF CONSULTATIONS

1. The application has been advertised in the Isle of Wight County Press and three letters of comment have been received, copies of which are attached (Appendix 1).

2. The Hampshire Constabulary have confirmed that they have no objection to this application.

3. The Council’s Environmental Protection Section have been advised of the application and a copy of their comments is attached (Appendix 2).

4. The local Councillor has been advised of the application, however, no comments have been received.

4. The Isle of Wight Fire and Rescue Service have been advised of the application and a copy of their comments is attached (Appendix 3).

LEGAL IMPLICATIONS

1. The Panel’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the crime and disorder implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.

2. Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation, however, reasons have to be given for any decision made by the Panel.

3. Members are aware that local opposition or support (in whatever form) for a proposal is not in itself grounds for refusing or granting a licensing permission, unless that opposition or support is based upon valid reasons and concerns which can be sustained.

OPTIONS

(a) To grant the licence for the hours requested by the applicant.

(b) To vary the hours requested by the applicant having regard to the objections and other relevant information.

(c) To issue a Provisional Licence subject to the Council’s standard terms and conditions along with any additional condition/s the Licensing Panel believe to be reasonable.

(d) To issue the licence subject to the Council’s standard terms and conditions along with any additional condition/s the Licensing Panel believe to be reasonable.

(e) To grant a licence for a period of less than one year.

(f) To refuse the application for a Public Entertainment Licence.

RECOMMENDATIONS

Members’ instructions are requested.

BACKGROUND PAPERS

Flanagan’s Public Entertainment Licensing file.

ADDITIONAL INFORMATION

1. The licensee has many varied responsibilities:

Licence conditions must be observed.

Co-operation with statutory authorities is fundamental.

Awareness of drug related issues is essential.

Understanding the social responsibilities attached to running a licensed premise is vital.

2. Copies of the letters of comment have been sent to the applicants who has been invited to attend the meeting to answer any questions that members may have.

3. The persons who have submitted comments have been informed of the time, date and location of the meeting should they wish to attend.

4. The Council’s Environmental Protection Section have been informed of the date and time of the meeting and an Officer has been requested to attend to answer any questions members may have.

5. A copy of Mr Platt’s response to the comments is attached (Appendix 4), and a copy of a letter received from one of the objectors in response to Mr Platt’s comments regarding his comments is also attached (Appendix 5).

6. A Council can only refuse to confirm a provisional grant if:

the required work has not been satisfactorily completed.

the licensee is no longer a fit and proper person to hold a licence, eg, there has been a relevant criminal conviction since the provisional grant.

Contact Point: John Murphy, 823152

J Pulsford

Strategic Director

Finance and Information and County Treasurer